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(영문) 인천지방법원 2016.02.04 2015고단1352

도로교통법위반(무면허운전)

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 23, 2015, around 05:30, the Defendant driven a c-Ma truck without obtaining a driver's license in the section of about 40km from the 118 km-ro, Jung-gu, Jung-gu, 06:40 of the same day from the 65-2 modern Han-gu, Incheon Strengthening-gun, Incheon-do, to the 118 km-ro, Jung-gu, Jung-gu, 06:40 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. In light of the fact that the Defendant had three times the history of punishment for alternative sentence of imprisonment without prison labor, and that the Defendant had been under the suspension of the execution of imprisonment with prison labor for this reason, the Defendant shall be sentenced to the Defendant’s imprisonment with prison labor, considering the fact that the Defendant had been under the suspension of the execution

However, the punishment as ordered shall be determined in consideration of the fact that the defendant is against the crime, and the age, sex, environment, circumstances leading to the crime, means and methods of the crime, results, and other conditions of sentencing, such as the circumstances after the crime, etc.